This document outlines the terms and conditions of an end-user license agreement between Huawei Technologies and users of its software. It specifies that the software is licensed and not sold, with restrictions on copying, distribution, and modification. It also limits Huawei's liability and warranty, and states that the agreement will be governed by Chinese law.
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License
1. Huawei Technologies Co., Ltd. END-USER LICENSE AGREEMENT FOR HUAWEI SOFTWARE
IMPORTANT-READ CAREFULLY: This END-USER License Agreement ("EULA") is a legal
agreement between you (either an individual or a single entity) and Huawei
Technologies Co., Ltd. ("HUAWEI") for the HUAWEI Software accompanying this
EULA, which includes computer software and may include associated media,
printed materials, and "online" or electronic documentation ("SOFTWARE PRODUCT"
or "SOFTWARE"). By installing, copy or otherwise using the SOFTWARE PRODUCT,
you agree to be bound by the terms of this EULA. If you do not agree to the
terms of this EULA, discontinue installation, copy, or use of the SOFTWARE
PRODUCT, destroy all copies and all component parts of the SOFTWARE PRODUCT,
and promptly contact HUAWEI for instructions on return of the SOFTWARE PRODUCT
for a refund.
SOFTWARE PRODUCT LICENSE
The SOFTWARE PRODUCT is protected by copyright laws and international copyright
treaties, as well as other applicable intellectual property laws and treaties.
This is a License and not a "sale" of the SOFTWARE PRODUCT. HUAWEI grants you a
non-exclusive right to use this copy of the SOFTWARE PRODUCT.
APPLICABILITY
This EULA shall apply to only SOFTWARE HUAWEI Mobile Connect, and shall not be
effective to convey rights in any other software.
GRANT OF LICENSE
Except as otherwise expressly provided in this EULA, you may only install and
use one copy of the SOFTWARE PRODUCT on one computer system.
You may make a single back-up copy of the computer software portion of the
SOFTWARE PRODUCT only for archival purposes.
LIMITATION OF LICENSE
YOU may not:
Install or use the SOFTWARE PRODUCT in more than one computer system.
Using the SOFTWARE PRODUCT on many computers by sharing all of or partial of
the SOFTWARE PRODUCT.
Decompose the SOFTWARE PRODUCT and use it in the different computers or embody
it into other software systems.
Delete the copyright notices on any copy of the SOFTWARE PRODUCT.
Disclose, transfer, provide, rent or otherwise make available in any form,
SOFTWARE, or any portion thereof, to a third party without the prior consent of
HUAWEI.
Reverse engineer, decompile, or disassemble the SOFTWARE PRODUCT, except and
only to the extent that such activity is expressly permitted by applicable law
notwithstanding this limitation.
PROGRAM REMAINS HUAWEI'S PROPERTY
All rights not specifically granted under this EULA are reserved by HUAWEI. All
title and intellectual property rights in and to the SOFTWARE PRODUCT, the
accompanying printed materials, and any copies of the SOFTWARE PRODUCT,
including all rights in patents, copyrights, trademarks, and trade secrets
applicable thereto, shall remain vested in HUAWEI or his licensor.
2. TERMINATION
Without prejudice to any other rights, HUAWEI or his licensor may terminate
your right to use the SOFTWARE PRODUCT under this EULA if you fail to comply
with the terms and conditions of this EULA. Upon termination, you shall
immediately stop using the SOFTWARE PRODUCT, remove all copies of the SOFTWARE
PRODUCT and any related information from any electronic equipment under your
control, and return to HUAWEI the original disc media, the accompanying printed
materials, and any material you have copied thereof within one month.
TERMINATION CERTIFICATE
Within one month after the termination of this Agreement, you shall furnish to
HUAWEI a certificate certifying that through your best efforts, and to the best
of your knowledge, the original and all copies, in whole or in part, in any
form, of SOFTWARE PRODUCT have been destroyed.
MAINTENANCE
HUAWEI shall not be responsible for maintenance or field service of SOFTWARE
under this EULA.
LIMITED WARRANTY
SOFTWARE is provided on an "AS IS" basis and without warranty of any kind,
either express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose, or non infringement. The
entire risk arising out of use or performance of the SOFTWARE PRODUCT remains
with you. HUAWEI does not warrant that the functions contained in the SOFTWARE
will be uninterrupted or error free. HUAWEI does not represent or warrant that
SOFTWARE furnished hereunder is free of infringement of any third party
patents, copyrights, or trade secrets.
LIMITATION OF LIABILITY
HUAWEI'S total liability hereunder for damages of any nature shall not exceed
the total payment made by you for the software. HUAWEI shall not be liable for
any software failure result from accident, abuse, misapplication, or
modification without permission. In no event shall HUAWEI be liable for
incidental or consequential damages whatsoever (including but not limited to
damages for loss of business profits, business interruption, loss of business
information, or any other pecuniary loss) arising out of the use of, or
inability to use, the software product, even if HUAWEI has been advised of the
possibility of such damages.
DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS
Language Version Selection. You may be provided with a selection of language
version for the SOFTWARE PRODUCT licensed under this EULA. If the SOFTWARE
PRODUCT is included in more than one language version, you are licensed to use
only one of the language versions provided. As part of the setup process for
the upon selection, the language version selected by you will be set up on the
computer system, and the language version(s) not selected by you will be
automatically and permanently deleted from the hard disk of the computer
system.
Separation of Components. The SOFTWARE PRODUCT is licensed as a single product.
3. Its component parts may not be separated for use on more than one computer.
Confidentiality of Performance and Test Results. You are not allowed to
disclose the performance and test results of the SOFTWARE PRODUCT to any third
party without written approval of HUAWEI.
Single COMPUTER. The SOFTWARE PRODUCT is licensed with the HARDWARE as a single
integrated product. The SOFTWARE PRODUCT may only be used with the HARDWARE as
set forth in this EULA.
UPGRADE
If the SOFTWARE PRODUCT is labeled as an upgrade, you must be properly licensed
to use a product identified by HUAWEI as being eligible for the upgrade in
order to use the SOFTWARE PRODUCT ("Eligible Product"). For the purpose of
upgrade product only, "HARDWARE" shall mean the computer system or computer
system component with which you received the Eligible Product which came with
the HARDWARE. You may use the resulting upgrade product only in accordance with
the terms of this EULA and only with the HARDWARE.
NOTICE
All notices in connection with this EULA shall be in writing and shall be given
by certified mail, return receipt requested, at the following address:
Administration Building Huawei Technologies Co., Ltd. Bantian, Longgang
District, Shenzhen, 518129, P. R. China.
GOVERNING LAW AND DISPUTE RESOLUTION
This EULA shall be governed and interpreted by the laws of the P.R.CHINA. All
disputes arising in connection with this EULA which cannot be settled amicably
shall be resolved by arbitration through the Shenzhen Sub-Commission of China
International Economic and Trade Arbitration Commission (CIETAC) under its
rules .The arbitration shall be final and binding upon both Parties. The
arbitration fee (and costs) shall be born by the non-prevailing Party. In the
course of arbitration, both Parties shall continue their respective contractual
obligations except those matters under dispute arbitration.
ENTIRE AGREEMENT
This EULA sets forth the entire understanding between the parties with respect
to the subject matter herein, and merges and supersedes all prior written
herein, and understandings, express or implied, concerning such matters and,
notwithstanding any provisions to the contrary, shall take precedence over any
conflicting terms which may be contained in your purchase order acknowledgement
form. This EULA states the entire obligations of HUAWEI in connection with the
SOFTWARE PRODUCT.